Studio City Personal Injury Law Firm

If you've been injured due to someone else's negligence, you have the right to ask for financial compensation for the losses you've endured. However, pursuing a personal injury claim is no easy task. Offenders and their insurance providers are backed by armies of attorneys prepared to defend their clients. Who's looking out for you?

At Drake Law Firm, we fight for personal injury victims. Where possible, we settle cases out of court so our clients can get back to their lives. If needed, however, we assemble a litigation strategy and take the case to court. In either case, we defend our clients from beginning to end so they can concentrate on getting better.

What Is Personal Injury?

The essence of a personal injury case is negligence. When another individual, company, or even a governmental agency acts irresponsibly, others can get injured. The injury is usually physical, but it can also be psychological or emotional as well.

"Negligence" is a legal term that suggests failure to exercise a proper degree of care under the circumstances. Another way of putting it is failure to behave as a reasonably prudent individual would. Negligence can be demonstrated through a person's actions (like speeding or driving intoxicated) or through an exclusion (such as failing to remove a known hazard from one's company property).

To win a personal injury case, the victim needs to show that the offender was negligent. There are four particular elements that are required under California law:

• Duty of care– The defendant must have owed a duty of care to the plaintiff. Occasionally a duty emerges out of a personal relationship between the individuals, such as doctor and patient. However this isn't always required. For instance, when you drive on a highway, you owe a duty to other drivers not to be careless.
• Breach– Next, the plaintiff needs to demonstrate that the defendant breached the duty of care. This is where the defendant's negligent acts and/or exclusions are highlighted. It also covers situations where the at-fault party breaks a law or engages in deliberate wrongdoing. Breach is typically the most disputed part of a personal injury claim.
• Causation– The defendant's breach has to really cause injury to the plaintiff. If the defendant acted negligently but didn't harm the plaintiff, this element fails.
• Damages– These are the losses for which the plaintiff will seek financial compensation. Some of the most common damages are medical costs, lost wages, lost earning capacity, and pain and suffering. The nature and quantity of damages are fiercely disputed in most personal injury cases.

Possible Damages In a Personal Injury Claim

The goal of a personal injury lawsuit is to make the plaintiff whole through financial compensation. This compensation is referred to as damages, and some examples are:

• Medical costs– This broad category can consist of everything from hospital bills and prescription medications to physical therapy and unique adaptive equipment to assist with a victim's day-to-day activities.
• Lost income– While you recover or are hospitalized for your injuries, you will lose time from work and, with it, possibly significant amounts of money. You can ask a court to grant you damages to cover this lost income.
• Lost earning capacity– Your career prospects might be cut short or drastically restricted after a personal injury. An expert witness can help estimate the future earnings you will lose out on as a result.
• Pain and suffering– These damages account for the pain and psychological trauma you will likely experience for some time to come. Although hard to quantify, they are vital to catastrophic injury cases.
• Loss of enjoyment of day-to-day life– It may not be possible to appreciate your typical everyday activities, hobbies, and other interests after a bad injury. These damages help compensate you for the loss.
• Loss of consortium– This category refers to the deprivation of the benefits of a family relationship. It includes the loss of assistance, community, companionship, and sexual relationship between partners brought on by the injury.
• Punitive (exemplary) damages– In rare cases, an at-fault party can be subject to punitive damages. These are intended to punish the wrongful party and deter others from engaging in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to take legal action against a negligent party will not last forever. In California, personal injury claims are subject to what's called a statute of limitations. This establishes a deadline for plaintiffs to file their claims before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock starts to run when the injury occurs.

However, it's ideal not to delay taking action on your case. Witnesses' memories can diminish over time, evidence will be harder to obtain, and you could forget crucial details if you wait too long. If you or a loved one have been hurt, reach out to a committed Studio City personal injury attorney.

How Can the Personal Injury Lawyers of Drake Law Firm Help Me?

Suing a defendant almost always means suing an insurance company, like an automobile insurer. Regardless, you can count on the offender's attorneys pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You want an attorney that not only knows California personal injury legislation, but understands how to determine a reasonable value for your case.

At Drake Law Firm, we've helped numerous personal injury clients get the compensation they need to recover. We won't accept unfair deals and will stand by you from beginning to end. Give us a call or complete the contact form today to get started on your claim.

At Drake Law Firm, we've assisted numerous personal injury clients to get the compensation they require to recover. We won't let you accept unfair treatment from other law firms and we will defend you from beginning to end. If you need help with Personal Injury in Studio City, California, give us a call at (844) 513-7253 for a FREE consultation or visit our website at DrakeLawGroup.com to get started on your case today! 

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